Transcript
CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT (ARIZONA) TYPE 1 FORM - (Pursuant to A.R.S. §33-1008(d)(1)) Project: Job No.: Upon receipt by the undersigned of a check from (Maker of Check)
in the sum of $________________ payable to
,
(Amount of Check)
(Payee or Payees of Check)
and when the check has been properly endorsed and has been paid by the bank on which it was drawn, this document becomes effective to release any mechanics’ lien, any state or federal statutory bond right, any private bond right, any claim for payment, any stop notice or bonded stop notice, and any rights under any similar ordinance, rule or statute related to claim or payment rights for persons in the undersigned’s position that the undersigned has on the job of (Owner)
located at (Job Description and/or Location)
to the following extent. This release covers a progress payment for all labor, services, equipment or materials furnished to the jobsite or to (Person with whom Undersigned Contracted)
through
________________________
only
and
does
not
cover
any
retention,
pending
(Date)
modifications, changes or other items furnished after that date. Before any recipient of this document relies on it, that person should verify evidence of payment to the undersigned. The undersigned warrants that it either has already paid or will use the monies it receives from this progress payment to promptly pay in full all of its laborers, subcontractors, materialmen and suppliers for all work, materials, equipment or services provided for or to the above referenced project up to the date of this waiver.
(Type of Work, Materials and/or Equipment Furnished)
The following invoices and pay applications are included in the above referenced amount:
Date Signed: (Company Name)
By: (Signature) (Title) (Claimant’s Phone Number)
Bluff & Associates. www.guywbluff.com 602-452-2000
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AZ Conditional – Progress Release AZ-Lien-Release-1 (28-Jan-2011)
INSTRUCTIONS FOR USE Limited Use Agreement. This Form is provided as a courtesy of Bluff & Associates. Users of this form are instructed to read it carefully and use it only for the State first listed in the title. Each State has different laws which apply to the use of construction forms and language which might be acceptable in one state may not necessarily be legally binding and valid for another state. Use of this form should not be construed as the providing of legal advice by Bluff & Associates or any of its attorneys. The use of this form does not constitute the formation of an attorney – client relationship between the user and Bluff & Associates makes no warranty or guarantee of any kind regarding the validity or enforceability of this Form for any legal purpose. This form may be freely used by any licensed contractor, subcontractor, material supplier or project owner and its representatives so long as such use is without charge. Duplication or use of this form for any commercial purpose by any individual or party charging a fee for services is strictly prohibited. This form may not be re-produced in printed or electronic form if the user is intending to sell or otherwise charge a fee or in which the use would constitute a sale. In layman’s terms – if you are a law firm, other service provider, or publisher that intends to charge your client or customer to use this form – don’t. Instructions for Completing Form. •
Complete all sections of the form. Do not leave any lines blank.
•
Staple true and complete copies of applicable billing statements, pay applications, rental agreements, or other specific invoices for which the document applies directly to the form.
•
If specific invoices, change orders, or other contract modifications are within the date range listed for the release and they are not final or otherwise in dispute – specifically list them as exceptions and attach that page to this release.
Practice Pointer. Claimant -- The more specific and detailed you are in completing this form the better for all involved. Owner / General Contractor – Call the Claimant BEFORE relying on the Release to ensure that it is a true and authorized instrument. Faxed copies of this form are acceptable if faxed from the Supplier or Subcontractor’s business fax number.
Bluff & Associates. www.guywbluff.com 602-452-2000
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AZ Conditional – Progress Release AZ-Lien-Release-1 (28-Jan-2011)
